Registration of Title Act 1964

Inhibition of registered dealings.

98

98.—(1) The court or, subject to an appeal to the court, F127[the Authority], on the application of any person interested in any registered land or charge, may, after directing such inquiries (if any) to be made and notices to be given and hearing such persons as the court or F127[the Authority] thinks expedient, make an order or, in the case of an application to F127[the Authority], an entry, inhibiting for a time, or until the occurrence of an event to be named in the order or entry, or except with the consent of or after notice to some specified person, or generally until further order or entry, any dealing with any registered land or registered charge.

(2) F127[The Authority], on the application of the person who has obtained an order of the court under the provisions of this section, shall make an entry of the order on the register in the prescribed manner.

(3) The court or F127[the Authority] may annex to any such order or entry any terms or conditions they think fit, and may discharge any such order or cancel any such entry, and generally may exercise such powers as the justice of the case requires; but nothing herein contained shall empower F127[the Authority] to discharge an order made by the court.

(4)(a) F128[…]

(b) Any entry made under this section may be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested therein.

Annotations

Amendments:

F127

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.

F128

Repealed (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(3) and sch. 2 part 5, S.I. No. 356 of 2009.

Modifications (not altering text):

C36

Application of Act extended (28.07.2022) by Amendment of Affordable Housing Act 2021 (25/2021), s. 41A, as inserted (28.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 86, S.I. No. 409 of 2022.

Provision supplemental to section 41 of Act of 2021

41A.— ...

(2) For the avoidance of doubt, the court or, subject to an appeal to the court, the Authority may on an application to it under section 98 of the Act of 1964 make an order or, in the case of an application to the Authority, an entry, under that section inhibiting any registration, on any folio in which a dwelling or any part thereof is registered, under a disposition by, or transmission from, the registered owner without the consent of the special purpose vehicle.

C37

Application of Act extended (28.07.2022) by Amendment of Affordable Housing Act 2021 (25/2021), s. 13(2), as substituted (28.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 88(b), S.I. No. 409 of 2022.

Registration of affordable dwelling purchase arrangements and agreements with financial institutions

13.— ...

[(2) For the avoidance of doubt, the court or, subject to an appeal to the court, the Property Registration Authority may on an application to it under section 98 of the Registration of Title Act 1964 make an order or, in the case of an application to the Authority, an entry, under that section inhibiting any registration, on any folio in which an affordable dwelling or any part thereof is registered, under a disposition by, or transmission, from, the registered owner without the consent of the housing authority.]